Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR No.MHMM18-010784-2024 C. C. NO. 1848/MISC./2024
Pannalal V/s. Priyam.
ORDER BELOW (Exh.-1)
The complainant has filed the complaint for defamation under
section 356 of the The Bharatiya Nyaya Sanhita, 2023.
2. Heard Ld. Advocate for complainant on the point of
jurisdiction of this court.
3. The complaint shows that, the F.I.R. No.143/2013, came to be
registered at Oshiwara police station and the trial of the said offence, has
been conducted in C. C. No.1824/PS/2013 by the Hon’ble 65th
Metropolitan Magistrate, Court at Andheri and the complainant in relation
to the said trial filed the complaint of defamation against accused in this
court.
4. Section 197 of The Bharatiya Nagarik Suraksha Sanhita, 2023
provide that,
Every offence shall ordinary be inquired into and
tried by a Court within whose local jurisdiction is was
committed.
5. By keeping in my mind the above provision, I would like to
state here that, the registration of F.I.R. bearing No.143/2013, is at
Oshiwara police station and the trial of the said offence against accused
has been conducted by the Court No.65 of the Metropolitan Magistrate,
(JMFC), Andheri. Therefore, considering the facts of the case, I am of the
opinion that, this court has no jurisdiction to try the case. Therefore, in
view of the provision of section 224 of The Bharatiya Nagarik Suraksha
Sanhita, 2023 the complaint needs to be returned to the complainant for
presentation to the proper court. Hence, I proceed to pass following order.
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C. C. NO. 1848/MISC./2024 ORDER BELOW EXH.-1
ORDER
1 The complaint be returned to the complainant to file
it in the proper Court, having jurisdiction.
Mumbai.
Date : 10/10/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
Dictated on :- 10/10/2024.
Transcribed on :- 10/10/2024.
Checked on :- 10/10/2024.
Signed on :- 10/10/2024.
SRD
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